Criminal Law: Evidence Intensive and Critical Updates

Designed with criminal lawyers in mind, this webinar will cover how evidential bias can affect criminal trials and how to interpret DNA evidence. Receive guidance on searches & warrants and applications to exclude evidence. Be updated on evidence in sentencing and review approaches to evidence in high profile matters. Examine amendments to sexual offences matters, legislative updates in criminal law evidence, and consider changes to domestic violence matters in Queensland. WEB2311Q04Z

Description

Attend and earn 7 CPD units including:
3 units in Legal Knowledge
4 unit in Professional Skills  

This program is based on QLD legislation

Session 1

Criminal Law Evidence: Practical Insights

Chair: Carmen De Marco, Barrister, Higgins Chambers

9.00am to 10.00am Evidential Bias in Criminal Trials 

Presented by Emma Higgins, Legal Director, Robertson O’Gorman Solicitors and Clayton Wallis, Consultant Crown Prosecutor

10.00am to 11.00am Interpreting DNA Evidence: Guidance for Criminal Lawyers 

Gain a practical understanding of DNA data and reports, and how to use this information as evidence in criminal law trials.
Presented by Jae Gerhard, Principal Scientist, Independent Forensic Services, Independent Forensic Services

11.00am to 11.15am Morning Tea Break

11.15am to 12.15pm Searches & Warrants: Lawfulness and Applications to Exclude Evidence

  • The urgent call: practical approach
  • Intersection between search warrants and LPP, following Police v Barbaro [2020] QCA 230
  • What to consider in assessing the lawfulness of a warrant
  • Making application to exclude evidence obtained under warrant, with reference to recent decisions

Presented by Eric Halden, Senior Associate; Accredited Specialist in Criminal Law and Jaimee-Lee Jessop, Associate, Gilshenan & Luton Legal Practice

12.15pm to 1.15pm Evidence in Sentence Proceedings

  • How to comprehensively prepare your client’s evidence for sentence hearings
  • What evidence you need to put the best case forward
  • Recent legislative changes impacting the jurisdiction

Presented by Emily O’Hagan, Partner, Wallace O’Hagan Lawyers; Recommended Leading Criminal Defence Lawyer, Doyle’s Guide 2023

Session 2

Key Insights and Updates Criminal Lawyers Need to Know

Chair: Nick Dore, Managing Director, Fisher Dore Lawyers; Accredited Specialist in Criminal Law; Preeminent Criminal Defence Lawyer, Doyle’s Guide 2022

2.00pm to 3.00pm PANEL DISCUSSION: Insights from High Profile Matters

How to deal with the extra scrutiny when also dealing with public eye, general media and social media.

Moderator:
Nick Dore, Managing Director, Fisher Dore Lawyers; Accredited Specialist in Criminal Law; Preeminent Criminal Defence Lawyer, Doyle’s Guide 2022
Panellists:
Sarah Farnden KC, Holmes Chambers
Kylie Hillard, Barrister, Griffiths Chambers
Emma Higgins, Legal Director, Robertson O’Gorman Solicitors

3.00pm to 4.00pm Major Amendments Affecting Sexual Offences: What do Trial Lawyers Need to Know?

  • Move to affirmative consent model
  • Expansion of Preliminary complaint evidence
  • Stealthing
  • Cross-examination re: sexual history & improper questions
  • Jury directions
  • Expert evidence

Presented by Anna Cappellano, Barrister, Higgins Chambers; Recommended Criminal Law Barrister, Junior Counsel, Doyle’s Guide 2022

4.00pm to 4.15pm Afternoon Tea Break

4.15pm to 4.45pm LEGISLATIVE UPDATES: Legislative Updates in Criminal Law

  • Changes to the Youth Justice Act 1992 and other legislation: the offence of breach of bail, “serious repeat offenders” and changes to the youth sentencing regime
  • Legislation addressing the issue of coercive control in domestic relationships
  • Hate crime and serious vilification: the criminalisation of the display of “hate symbols”
  • The removal of the prohibition against publicly naming accused rapists

Presented by Patrick Wilson, Barrister, Halsbury Chambers

4.45pm to 5.15pm Changes to Domestic Violence Matters in Queensland

Significant changes are on the way, including:

  • Removal of cross applications in DV matters
  • Ability to lead video recorded evidence as evidence in chief in domestic violence matters
  • Introduction of the offence of coercive control

Presented by Kate Fuller, Barrister, Win Paten Chambers

Presenters

Carmen De Marco
Carmen practises predominately in criminal, regulatory, and family matters. Before commencing at the private Bar, Carmen practised for eight years as a Federal Prosecutor with the Commonwealth Director of Public Prosecutions. Her current practice largely involves representing criminal defendants (adults and children) in respect of a range of State and Commonwealth offences including drug offending, violence, sexual assault, and property offences. Carmen routinely conducts matters on behalf of State and Federal government agencies concerning immigration, environmental matters, and criminal prosecutions. She also regularly represents parties involved in parenting and property disputes following separation.

Emma Higgins
Emma Higgins is a legal director at Robertson O’Gorman Solicitors having joined the firm in 2011. A Queensland Law Society accredited specialist in criminal law, Emma appears in a variety of criminal matters before the Magistrates Court and superior courts. Emma has extensive trial and appellate experience in a range of criminal proceedings. She has appeared as solicitor advocate in superior courts and has a keen interest in the relationship between mental health and criminal proceedings.  Emma achieved a Bachelor of Laws with Honours, a Bachelor of Business majoring in Economics from the Queensland University of Technology. In addition to criminal law, Emma has developed a practice in disciplinary law and is a member of the Queensland Law Society Disciplinary Law Committee.

Clayton Wallis
Clayton Wallis is a Consultant Crown Prosecutor with the Queensland Office of the Director of Public Prosecutions (ODPP).  He commenced his career with the ODPP in 2007 before taking on the role of Crown Prosecutor in 2009.  Since that time he has prosecuted a wide variety of criminal and quasi-criminal matters across the State from the Magistrates Court to the High Court of Australia.  Before his appointment to the position of Consultant Crown Prosecutor in 2022, Clayton was responsible for the management of a number of regional and Brisbane based prosecution Chambers, supervising a diverse range of criminal litigators and administration staff.  In his 15 years of prosecuting he has prosecuted almost the entire gamut of criminal offences in the Criminal Code including homicide, violence, sexual and property offences both as prosecutor, counsel for the appellant and counsel for the respondent.  In recent times Clayton was responsible for the management and supervision of the ODPP Appeals unit and has appeared in the Court of Appeal on approximately 100 occasions as lead counsel and as both as a junior and lead counsel in the High Court of Australia for both special leave applications and full hearings.

Eric Halden
Eric joined Gilshenan and Luton in 2023 as a Senior Associate. Following his admission in 2011, he worked as a Judge's Associate, followed by several years in criminal defence .Eric has extensive courtroom experience, having successfully represented clients across an array of matters in the Magistrates, District and Supreme Courts, in matters including, murder, sexual assault & rape, assaults, grievous bodily harm & wounding, supplying, producing & trafficking in dangerous drugs; and fraud & white-collar crime. In 2018, Eric gained Specialist Accreditation in Criminal Law through the Queensland Law Society. Eric expanded his criminal defence practise to include work health and safety (WHS) law in roles at national and top-tier commercial firms. These roles involved both front-end advice and defending WHS prosecutions. Eric advised clients, including government departments and publicly listed companies, regarding exposure to WHS risks, compliance and officers' duties. Eric has significant experience defending clients charged with WHS offences in Queensland and New South Wales, ranging from workers through to ASX100-listed companies. 

Jaimee-Lee Jessop
Jaimee-Lee was admitted as a solicitor of the Supreme Court of Queensland in August 2017. Prior to working as a solicitor, she obtained a wealth of experience working as a criminal law clerk and acting as the associate to the presiding Domestic Violence Magistrate in Southport. Jaimee-Lee has an extensive range of experience in criminal law, from Magistrate Court sentences and bail applications to District and Supreme Court trials and Court of Appeal matters. She also represents clients in child protection matters and dangerous prisoner applications. Outside the courtroom, Jaimee-Lee is a volunteer with the Caxton Community Legal Centre, providing pro-bono advice and assistance to those in need within the community. She is also a member of the Women Lawyers Association of Queensland (WLAQ). She is a committee member of the WLAQ’s Criminal Lawyers Sub-Committee, which provides her with the opportunity to advocate and raise awareness about issues impacting female criminal lawyers. Jaimee-Lee previously volunteered with the Robina Community Legal Centre, Australian Red Cross and Australian Indigenous Mentoring Experience. On multiple occasions, Jaimee-Lee has been named a ‘Rising Star’ in Doyle’s Guide for the category of criminal law in Queensland. Additionally, she was recognised as the winner of the ‘30 Under 30 Lawyers Weekly Awards’ for criminal law within Australia.

Emily O’Hagan
Emily O'Hagan graduated with Honours in a Bachelor of Laws and a Bachelor of Psychology, from Griffith University, completing elective study in Criminal Law and Forensic Mental Health at Utrecht University in the Netherlands.  Following her admission Emily commenced working at Russo Lawyers and specialised in the practice of criminal defence. Emily was recognised as a Senior Associate at Russo Lawyers in 2014 and became a founding partner of Wallace O'Hagan Lawyers in 2015. Emily appears in all criminal law jurisdictions.  Emily has extensive trial experience in the full range of traffic and criminal offence, and has represented clients at every level of the criminal justice system, from pleas of guilty before the Magistrates Court to Supreme Court Appeals.

Nick Dore
Nick Dore is a widely recognised and well respected member of the legal community. He is one of the founding Partners of Fisher Dore Lawyers.  He was admitted as Solicitor in January 2002 after completing 2 years as an Articled Clerk in Criminal Law.  Nick is a Queensland Law Society Accredited Specialist (Criminal Law) and was awarded the 'Highest Achiever Award' in 2010 and was a member of the QLS Accredited Specialist Committee from  2016 until 2022 including his time as Chairperson in 2020. Nick is also a committee member of the QLS Criminal Law Committee Nick has been independently ranked by Doyle's Guide with the highest achievement possible in the Queensland and Australia-wide categories of Criminal Law. Nick has always prided himself on being contactable and approachable, and goes above and beyond for every client.

Sarah Farnden KC
Sarah practices primarily in criminal law, regulatory matters, and related appeals. Sarah was first called to the bar in 2001, and took silk in 2022. Prior to joining the private bar Sarah was employed by the Qld Office of the Director of Public Prosecutions for over 20 years and gained considerable expertise in all aspects of criminal and related proceedings in all jurisdictions and locations throughout Queensland. In recent years Sarah has appeared on many very complex matters including homicide related offences, sexual offences and complex frauds. Sarah has appeared in the Court of Appeal on over 100  matters for both the Appellant/Applicant and the Respondent.  Sarah has appeared as lead  counsel in High Court special leave applications and has experience appearing as a junior counsel in full hearings in the High Court. Sarah also worked as special counsel for Crown Law and provided complex advice on many varied matters. She appeared as counsel in regulatory prosecutions, including on appeal, and on applications made under the Dangerous Prisoner Legislation. Sarah also has experience in the Mental Health Court (including appeals) and the Mental Health Review Tribunal.

Kylie Hillard
Kylie has been working in the legal profession since 2002 and has been a barrister since 2009. She works in a variety of areas including criminal law, defence and prosecution, and has a strong interest in human rights and domestic violence advocacy. She has recently been involved in the Commission of Inquiry into Police Responses to Domestic and Family Violence where she represented Women's Legal Service Queensland, and she has also recently appeared for Sue and Lloyd Clarke at the inquest into the death of their daughter Hannah Clarke and her three children. Kylie is currently a member of the Equal Opportunity Subcommittee of the Bar Association of Queensland and the Australian Bar Association.

Anna Cappellano
Anna has practiced at the private Bar in Queensland since 2008. She is passionate about social justice and providing fearless advocacy for people who find themselves confronting the criminal justice system. Anna’s practice at the Bar focuses primarily on criminal law and regulatory matters. She regularly appears on behalf of both defendants and prosecuting authorities at the State and Commonwealth level in proceedings in the District Courts, Supreme Court of Queensland, the Queensland Court of Appeal and the Norfolk Island Court of Petty Sessions and Supreme Court.

Patrick Wilson
Patrick Wilson is an experienced criminal barrister based in Brisbane. Patrick routinely conducts trials, sentences and appeals in the Supreme, District and Magistrates courts throughout Queensland, He is a member of the Legal Aid Queensland panel of barristers. He has a broad criminal practice consisting of defending and prosecuting all manner of charges ranging from serious indictable offences in the superior courts to regulatory prosecutions in the summary jurisdiction. Prior to being called to the Bar, Patrick was a solicitor with substantial experience in litigation dealing with commercial, building and construction, and negligence matters.

Kate Fuller
Kate Fuller is a practising barrister based in Brisbane in Win Paten Chambers.  She appears in criminal, family, child protection, youth justice and domestic violence proceedings.  Prior to being called to the bar, she was a founding partner at Fuller & White Solicitors.  She holds a Bachelor of Laws (Honours) and a Masters of Laws (Applied Criminal Practice).  She completed her research masters thesis on the introduction of Strangulation offences under the Criminal Code in response to domestic violence reform.  She is an adjunct lecturer at the College of Law.  Kate works pro bono with the LGBTI Legal Service as the secretary of the Management Committee and the Bayside Community Legal Service as Vice President.

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Issues covered include: family provisions rpactice updates, costs, mediation, ethics

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Issues covered include: TAC, TAC statutory, WorkCover, WorkCover statutory, psych injuries, psychiatric impairment, serious injury, Workplace Injury Rehabilitation and Compensation Act, Medical Panel, serious injury applications, damages awards, damages

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Issues covered include: case update, legislation update, criminal injuries, impairment assessment, appeals to District Court

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Issues covered include: pre-accident risk assessment, workplace incidents, WHS litigation, pleas, defended hearings

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Issues covered include: incident management, reportable conduct scheme, complaint, workplace investigation, ill and injured staff, medical certificates

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Issues covered include: warranties, indemnities, insurance, M&A transactions

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Issues covered include: strata, short stay, body corporate, foreign investors, duty, CGT, interim planning decisions, administrative law rulings

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Issues covered include: privilege, waiver, the Harman Obligation, advocacy

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Issues covered include: blended families, second spouses, superannuation, case update

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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